explains North Carolina’s Public Records Act and Open Meetings Law. The State Archives of North Carolina documents the state’s rich history by collecting and providing access to public records of statewide historical value. To learn more about how to make a public records request in this state, please see North Carolina FOIA procedures. Selection and preservation of records considered essential; making or designation of preservation duplicates; force and effect of duplicates or copies thereof. Hearsay Exceptions: Public Records & Reports. [4], A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked North Carolina's law as the 43rd worst in the country, giving it a letter grade of "D-. The first statute dealing with public documents in the state was passed in 1935. 132-1.15 through G.S. Use this page to navigate to all sections within Chapter 132. Non-Standing, Interim and Study Committees. North Carolinians are entitled to see any pu… North Carolina is one of seventeen states that sets no absolute deadline for government agencies to fulfill FOIA requests. [24], North Carolina law does not permit public bodies to charge search fees for standard requests. What's on my ballot? § 132-1.7. Ballot access for candidates | The act states that any information collected by the government that may be of use to the public must be made public, with the exemption of any information that is considered a breach of safety or privacy. State constitution, Courts in North Carolina | The law applies this requirement to every public office, officer, official, and … Here is a list of relevant lawsuits in North Carolina (cases are listed alphabetically; to order them by year, please click the icon to the right of the "year" heading). § 132-1.21: Reserved for future codification purposes. Sensitive public security information. (a) Records of criminal investigations conducted by public law enforcement agencies, records of criminal intelligence information compiled by public law enforcement agencies, and records of investigations conducted by the North Carolina Innocence Inquiry Commission, are not public records as defined by G.S. For more information, view About North Carolina public records law or NCAOC public records policies and procedures. § 132-1.22: Reserved for future codification purposes. § 132-1, and a specific statute about court records, N.C. Gen. Stat. (a) "Public record" or "public records" shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of … Please note, state agencies and employees are not required to create or compile a public record that does not exist. There are no restrictions placed on the use of records. 1 NC law defines a public record as "all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina … Email can be a public record, if it is made or received by a state employee in connection with State business. Provisions for copies of public records; fees. Criminal investigations; intelligence information records; Innocence Inquiry Commission records. Limited access to identifying information of minors participating in local government parks and recreation programs and programs funded by the North Carolina Partnership for Children, Inc., or a local partnership in other localities. General Statutes published on this website are not official. The North Carolina Public Records Law requires that government agencies preserve public records regardless of physical form, including the digital records created through social media. § 132-11. Inspection, examination and copies of public records. § 132-8.2. Financial regulation | The North Carolina Public Records Law allows the public to have access to governmental public records within North Carolina. Assistance by and to Department of Natural and Cultural Resources. G.S. Although the state Attorney General does issue opinions in response to requests made by public officials to interpret the state's public records law and publishes a guide for the general public, the state Law Department plays no specific role in the enforcement of the law. § 132-1.1. The first statute was passed in 1935. This law focused on the duty of government officials to preserve public records carefully. Local measures | Records management program administered by Department of Natural and Cultural Resources; establishment of standards, procedures, etc. § 132-7. The definition of public body presumably includes public universities within the state. The North Carolina Public Records Law is designed to guarantee that the public has access to public records of governmental bodies in North Carolina. § 132-1, shall include all settlement documents in any suit, administrative proceeding or arbitration instituted against any agency of North Carolina government or its subdivisions, as defined in N.C.G.S. Ballot measure laws | G.S. North Carolina’s Public Records and Open Meetings laws ensure that the public can know what government officials and entities do. Redistricting, List of North Carolina ballot measures | Social security numbers and medical histories, for example, are excluded. § 132-6. Information Governance. The North Carolina Open Meetings Law legislates the methods by which public meetings are conducted. § 132-1.16: Reserved for future codification purposes. § 132-1.18: Reserved for future codification purposes. If anyone is charged a fee that the requester believes is excessive, the requester may ask the information resource Management Commission to mediate the dispute. Qualified exception for geographical information systems. Election governance | Additionally, information can be exempt from a record request. Click here to contact us for media inquiries, and please donate here to support our continued expansion. Immigration | G.S. Public pensions | Regaining custody; civil remedies. § 132-1.8. Disposition of records at end of official's term. The University of North Carolina athletic conference communications and other documentary materials; public records. Public education | House of Representatives | § 132-8.1. § 132-1.3A. This includes state prison inmates, probationers, and parolees. Metadata as a Public Record in North Carolina: Best Practices Guidelines for Its Retention and Disposition. If you would like to help our coverage grow, consider donating to Ballotpedia. | Supreme Court | The North Carolina Public Records Law is designed to guarantee that the public has access to public records of governmental bodies in North Carolina. State executives | Public Records. North Carolina’s public records law provides a broad right of access to records of public agencies. § 7A-109(a). § 132-1.3. Electronic data-processing and computer databases as public records. The University of North Carolina athletic conference communications and other documentary materials; public records. North Caroline use the North Carolina Public Records Act. GS 132-1. "[23], North Carolina establishes two different types of records with two different fees. § 132-1.7A. Notable exceptions include but are not limited to: North Carolina law also requires departments to separate exempt and non-exempt material when found in the same source, and release the non-exempt material upon request. Settlements made by or on behalf of public agencies, public officials, or public employees; public records. [3], A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave North Carolina 34 points out of a possible 100, a letter grade of "F" and a ranking of 40 out of the 50 states. Email and the Public Records Law. North Carolina public agencies are required to provide access to records under the state Public Records Act (Chapter 132 of the North Carolina General Statutes). § 132-1.3. § 132-3. §§ 132-1 et seq., expresses the policy of the State of North Carolina with respect to public records as set forth in § 132-1(b): The public records compiled by the agencies of North Carolina government or its subdivisions are the property of the people. § 132-1.19: Reserved for future codification purposes. Coats v. Sampson County Memorial Hospital, Inc. News & Observer v. Interim Board of Education for Wake County, News and Observer Publishing Co. v. Wake County Hospital System, Proposed reforms in state sunshine laws, 2011, Proposed reforms in state sunshine laws, 2010, Speaker of the North Carolina House of Representatives. § 132-1.4A. Voting in North Carolina | stating that public records are the property of the "the … These laws are commonly known as the “Sunshine Laws” because they shed light on the activi-ties of government. § 132-1.11. An "Automatic Recovery Bill" that would make it mandatory for public agencies to pay the attorney fees of anyone who requests records, is denied, and then files a successful lawsuit to compel disclosure was passed unanimously in 2008 by the, Billing information for any services owned by local governments, Admissions information for state universities, Personal information including social security numbers, Economic developments and incentives planning records, Personal records of minors registered in any Parks and Recreation department. Many exceptions and other laws … The main statutes that define the scope of the law are contained in Chapter 132 of the North Carolina General Statutes (hereinafter G.S.). Posted on May 22, 2013 by Jeff Welty [], , , ... North Carolina Criminal Law at the School of Government with the University of North Carolina at Chapel Hill. We do not have any legislation for North Carolina in 2011. The law explicitly states that public records are open to inspection by "any person. Elections calendar | Stat.) Judicial Selection | The law’s broad definition of “public records,” as interpreted by the courts, covers any record, regardless of format, made or received in the transaction of public business. Destruction of records regulated. School districts in North Carolina | Public Records… Confidential communications by legal counsel to public board or agency; State tax information; public enterprise billing information; Address Confidentiality Program information. Under the North Carolina Public Records law, records of government are presumed to be public records unless otherwise protected. Law enforcement agency recordings. Court of Appeals | ... E-mail as a Public Record in North Carolina: A Policy for Its Retention and Disposition. Back in 1935, the North Carolina Public Records Law was passed by State Legislature. Social security numbers and other personal identifying information. 2020 legislative session | General statute 132 sets out the requirements for the record request process and is the main public records statute. Declared legal intentions across the U.S. Superior Courts | § 132-6.2(c). § 132-6.1. Private agency, public dollars-North Carolina, List of who can make public record requests by state, States Failing FOI Responsiveness, National Freedom of Information Coalition, October 2007, https://ballotpedia.org/wiki/index.php?title=North_Carolina_Public_Records_Law&oldid=7832239, Tracking election disputes, lawsuits, and recounts, Ballotpedia's Daily Presidential News Briefing, Submit a photo, survey, video, conversation, or bio. § 132-1.3A. Electronic lists of subscribers open for inspection but not available for copying. Government employees and elected officials have a responsibility to obey and respect the law, act ethically and conduct their work in an open manner. § 132-10. The North Carolina Public Records Law is designed to guarantee that the public has access to public records of governmental bodies in North Carolina. North Carolina’s Public Records Law holds that records produced by a law enforcement agency, government agency, or affiliate of a government agency, will be … Taxes. This law focused on the duty of … Under the North Carolina public records law, government records are subject to public access unless an exception says they’re not. Time limitation on confidentiality of records. This book reviews and explains the principal public records statutes applicable to records held by North Carolina local governments and examines the public’s right of access to those records. In July 2009, the North Carolina House of Representatives Finance Committee approved a bill that would reduce a judge's discretion to deny attorney fees to people or media outlets when they win a lawsuit against a local or state government agency in North Carolina that has illegally refused to provide requested records. The legislature falls under the definition of public body found at North Carolina Law 132-1 and is subject to the North Carolina Public Records Law. The court records statute requires that all records be open to public inspection, except as prohibited by law. The statute sets out a broad definition for public records, specifying that a record created in connection with public business can then be considered a public record. "[5], The law's statement of purpose reads, "The public records and public information compiled by the agencies of North Carolina government or its subdivisions are the property of the people. Speakers Bureau The Speakers Bureau is a free, public service provided by the judicial community of North Carolina. Under the North Carolina Public Records Law, G.S. It expands the coverage of the first edition and its cumulative supplement and also includes developments in the law since 2004. This document is intended to offer guidance to government employees about the management and retention of metadata under North Carolina’s public records laws and state and federal discovery rules for civil litigation. § 132-5.1. Coats v. Sampson County Memorial Hospital, Inc. established that the North Carolina Public Records Law applies to all private entities that perform governmental functions. The North Carolina Public records law contains no requirements or procedures for administrative appeals in instances where access to public records is denied. State legislature | Energy | 132-6.2. Congressional delegation | Ballot access for parties | Limited access to identifying information of minors participating in local government programs and programs funded by the North Carolina Partnership for Children, Inc., or a local partnership in certain localities. [19], Agencies include all branches and divisions of government at both the state and local level.[20]. § 132-1.12. Search the General Statutes. There are no restrictions on the type of records citizens are allowed to request. If the court rules that access was denied improperly, it will order the agency to disclose the records. § 132-1.4. This Ballotpedia article is in need of updates. Largest cities | State Senate | Please email us if you would like to suggest a revision. The latest amendments to this law came in 2005, with the Chapter 132 of North Carolina General Statutes (NC Public Records Laws) provide for the preservation and production of public records by the relevant agencies, and regulated access for the public to these records, regardless of physical form. A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked North Carolina #23 in the nation with an overall percentage of 52.40%. § 132-6.2. Attorney General Stein and the Department of Justice help citizens know their rights and responsibilities under the law. Keeping records in safe places; copying or repairing; certified copies. Records include all documents, no matter the physical form, "made or received pursuant to law or ordinance in connection with the transaction of public business by any agency." Introduction to Public Records Act The North Carolina Public Records Act, N.C.G.S. § 132-1.4. Settlements made by or on behalf of public agencies, public officials, or public employees; public records. The first statute dealing with public documents in the state was passed in 1935. Healthcare | North Carolina is one of 17 states that sets no absolute deadline for government agencies to fulfill FOIA requests. 132-1.3. In the event a public records request is denied, the party requesting the record is allowed to file a lawsuit in the North Carolina courts to compel the release of the public records. Click here to contact our editorial staff, and click here to report an error. ; surveys. Public records, as defined in N.C.G.S. 132-1.4. We actively prosecute officials who violate the public’s trust. North Carolina's Open Meetings Law was originally enacted in 1971. if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; North Carolina elections in 2020 | Posted on February 24, 2014 by Jessica Smith ; , , , , , , Are Mug Shots Public Records? Visit or take a virtual tour of the new exhibit celebrating the Supreme Court at the North Carolina Museum of History through September 2020. We do not have any legislation for North Carolina in 2010. Environment | Anyone may request public records in North Carolina. 132-1.22: Reserved for future codification purposes. Prisoner Records Information on persons who have been or currently are incarcerated in the N.C. prison system is available through the N.C. Department of Public Safety offender search. Permanent public records that transfer to the State Archives from creating offices are available for research, unless they are considered confidential due to state or federal law or sealed by a court order. 132-1.. Records of criminal investigations conducted by public law enforcement … § 132-1.14. § 132-1.13. SL 2019-156 ( H620 ) G.S. 132-1.3A. § 132-1.20: Reserved for future codification purposes. G.S. The policy of the state of North Carolina is to allow public access to the activities of government, including public documents, for residents, members of the media and other organizations. Therefore, it is the policy of this State that the people may obtain copies of their public records and public information free or at minimal cost unless otherwise specifically provided by law. Largest counties | § 132-1.10. Section § 132-6 of the NCGS states that a custodian of public records shall make them available "at reasonable times and under reasonable supervision by any person, and shall, as promptly as possible, furnish copies thereof upon payment of any fees as may be prescribed by law. Federal courts | For un-certified copies, the department may charge only the actual cost of duplication not including the labor involved. What Laws govern Records Management in North Carolina? (A list of records considered confidential are outlined in the law.) Confidentiality of photographs and video or audio recordings made pursuant to autopsy. § 132-1.17: Reserved for future codification purposes. Economic development incentives. Wills and Estates View the Wills and Estates Help Topic. Campaign finance requirements, Who represents me? This is a template form for requesting public records in North Carolina. Ballotpedia features 318,783 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. You have a statutory right to inspect a vast number of North Carolina’s public records using the state's Public Records law. | Any citizen is permitted to submit a request to North Carolina. District Courts, Budget and finances | Locate contact information for state agencies, employees, hotlines, local offices, and more. § 132-8. (b) The public records and public information compiled by the agencies of North Carolina government or its subdivisions are the property of the people. Alarm registration information. G.S. However, if the search is expansive and requires a great deal of staff time, an additional special fee may be charged.[25]. Campaign finance requirements | The law indicates that fees for certified copies will be as indicated by law but does not indicate what law. The proposed legislation would also create a unit in the state attorney's general office to deal with complaints about government agencies failing to provide documents. North Carolina law provides a right of access to all court records, both civil and criminal, in both the general public records law, N.C. Gen. Stat. § 132-1.15: Reserved for future codification purposes. Section § 132-6 of the NCGS states that a custodian of public records shall make them available \"at reasonable times and under reasonable supervision by any person, and shall, as promptly as possible, furnish copies thereof upon payment of any fees as may be prescribed by law.\" "[21], North Carolina law explicitly states that no individual making a request for records will be required to state a purpose.[22]. See chapter 132, section 1 (b) of the North Carolina General Statute, (N.C. Gen. Personally identifiable information of public utility customers. "[6], Records include all documents, no matter the physical form, "made or received pursuant to law or ordinance in connection with the transaction of public business by any agency."[7]. Be as specific as your knowledge of the available records will allow. §132-1., I am requesting an opportunity to inspect or obtain copies of public records that [Describe the records or information sought with enough detail for the public agency to respond. § 132-4. § 132-1.11A. Please read the caveats for more information. Other Public Records Requests This is FindLaw's hosted version of North Carolina General Statutes Chapter 132. Charge search fees for certified copies editors, writers, and parolees 17 states that sets absolute! Legal counsel to public records using the state the available records will allow make a record. Prison inmates, probationers, and researchers explains North Carolina public records you would like to our. 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